Competition Bureau Seeks Comments on Abuse of Dominance Guidelines
Ottawa, January 16, 2009 — The Competition Bureau is seeking public comments on its Draft Abuse of Dominance Guidelines. These Guidelines outline the Bureau's approach to enforcing the abuse of dominance provisions under the Competition Act (sections 78 and 79). They are part of the Bureau's continuing effort to promote transparent and predictable enforcement policies.
These updated Guidelines describe the Bureau's enforcement approach to the abuse of dominance provisions in light of recent jurisprudence and economic thinking. They expand on the Bureau's existing Guidelines in a number of areas, including outlining the Bureau's approach to anti-competitive intent and valid business justifications, clarifying the Bureau's approach to joint dominance, and discussing specific forms of anti-competitive conduct such as exclusive dealing, tying and bundling, and denial of access. The current Guidelines were made public in 2001.
These Guidelines are not intended to restate the law, nor to constitute a binding statement of how the Commissioner would exercise discretion in a particular situation.
Interested parties are invited to provide comments by e-mail, fax, or regular mail no later than April 20, 2009 to:Matthew Kellison
Senior Competition Law Officer
50 Victoria Street
Submissions will be posted on the Bureau's Web site unless it is specifically requested that they be kept confidential.
The Competition Bureau is an independent agency that contributes to the prosperity of Canadians by protecting and promoting competitive markets and enabling informed consumer choice.
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